Gurrala Srisailam vs Boga Vijay Bhasker
2022 Latest Caselaw 4617 Tel

THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

                     C.R.P.No. 3461 OF 2017
ORDER:

This civil revision petition is filed assailing the judgment

dated 07.06.2017 in C.M.A.No.2 of 2016, on the file of the

VII-Additional District & Sessions Judge, Medak, wherein the

said appeal filed by the appellants-defendants was dismissed,

confirming the order dated 04.02.2016 in I.A.No.210 of 2015 in

O.S.No.47 of 2015, on the file of the Junior Civil Judge, at

Narsapur, Medak District.

2. Heard learned counsel for the petitioners and learned counsel

for the respondent. Perused the material on record.

3. The respondent-plaintiff filed a suit for perpetual injunction

in O.S.No.47 of 2015 against the petitioners-defendants. Along

with the suit, he filed I.A.No.210 of 2015 for grant of temporary

injunction in respect of the petition schedule property situated

in Sy.No.570/A, admeasuring Acs.2-06 Gts., in Ootla Village,

Jinnaram Mandal, Medak District. The petitioners-defendants

filed counter in the said application. The trial court, after hearing

both the counsel and after considering the documents filed by the

plaintiff i.e., Exs.P-1 to P-24 and the documents filed by the

defendants i.e., Exs.R-1 to R-68, granted temporary injunction in

favour of the plaintiff restraining the defendants from interfering

with the possession of the plaintiff over the petition schedule

property. Being aggrieved, the defendants preferred civil

miscellaneous appeal before the appellate court.

4. The appellate court, after hearing both the counsel and

after considering the material on record, dismissed the civil

miscellaneous appeal by confirming the orders passed by trial

court. Challenging the same, the present revision is filed by the

defendants.

5. During the course of hearing, learned counsel for the

petitioners-defendants submits that the suit is coming up for trial

and instead of deciding the legality of the impugned order, the trial

court may be directed to take up the main suit and complete the

trial and to dispose of the same expeditiously. On the other hand,

learned counsel for the respondent also conceded to the same.

6. In view of the submissions of learned counsel appearing for

both parties and in order to meet the ends of justice, the trial court

is directed to dispose of the suit O.S.No.47 of 2015, as

expeditiously as possible, preferably within a period of six months

from the date of receipt of a copy of this order, since the suit

pertains to the year 2015.

7. The civil revision petition is, accordingly, disposed of with

the above direction.

8. Pending miscellaneous petitions, if any, stand closed.

_______________________ A.SANTHOSH REDDY, J 14.09.2022 Lrkm/plp